How does the USPTO determine if species are independent or distinct?
The USPTO determines if species are independent or distinct based on specific criteria outlined in the Manual of Patent Examining Procedure (MPEP). According to MPEP 808.01(a): “Species may be either independent or related under the particular disclosure. Where species under a claimed genus are not connected in any of design, operation, or effect under the…
Read MoreHow does the USPTO define ‘long-felt need’ in patent examination?
The USPTO defines ‘long-felt need’ as a persistent problem or demand in an industry that has not been solved for an extended period. According to MPEP 716.04, ‘The failure to solve a long-felt need may be due to factors such as lack of interest or lack of appreciation of an invention’s potential or marketability.’ To…
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